Complaints about the Court of Protection
Article by Marco Dellapina, solicitor and director in the firm of Dellapina & Co. Solicitors in Knutsford, Cheshire.
What follows is an article in the Daily Telegraph about complaints against the Court of Protection. The Daily Mail over the weekend had headline news about the same issue although claimed that the Court of Protection was a secret Court. It might seem like that if you don’t know about it!
Neither of them are completely accurate as what is needed for clients here is to make Lasting Powers of Attorney to cover their finances. Living wills can’t do this although if you make an LPA Health & Welfare then you can choose people you trust to decide at a future date about social and medical issues.
We should all mention to clients that a little time spent now planning ahead might save a lot of hassle and expense in the future.
Incidentally Henry Bellingham Shadow Justice Minister gets another mention here so he’s a man to remember for future reference.
"Court of protection receives more than 2,000 complaints a year
A court set up to look after the financial interests of people suffering from mental incapacity through illness, accident or dementia has sparked more than 2,000 complaints a year since it was set up.
The Court of Protection was set up by Justice Secretary Jack Straw to hear cases involving people who become unable to look after their own affairs but have not drawn up a 'living will' nominating a relative or friend to take control of their assets.
It adjudicates on the more contentious cases handled by the Office of the Public Guardian (OPG), which appoints deputies to act for the mentally impaired - sometimes family members, but sometimes solicitors or local authority officials.
It is claimed the court dealt with about 23,000 cases in each of its first two years, assigning responsibility for assets totalling £3.2 billion. It received 2,312 complaints in its first year. The OPG charged a total of £23 million in fees for overseeing the activities of deputies, according to a report.
But complaints posted on an Internet forum have complained of "bullying" letters and "being treated like a criminal" after being deemed unsuitable to look after their relatives' affairs.
The children's author Heather Bateman told how she had to apply to the court for any spending over £500 - including her daughter's university fees - after an accident left her husband Michael, whose bank account was used to pay most of the family's bills, in a coma.
"The Court of Protection brought almost as much anger, grief and frustration into my life as the accident itself," Mrs Bateman told Saga magazine.
"[It is] an alien, intrusive, time-consuming and costly institution, which was completely out of tune with what we were going through. It ruled my waking moments and my many sleepless nights."
An OPG spokesman acknowledged that the court had a "careful balancing act" between protecting the vulnerable and respecting the views of their loved ones and relations.
He encouraged people to draw up living wills to ensure that their affairs are dealt with as they would wish if they are suddenly incapacitated.
"It is a careful balancing act [for the Court] between protecting vulnerable people who have lost mental capacity and recognising their views and the perspectives of those close to them," he said.
"The next of kin may be, but is not necessarily, the most appropriate person to act in such circumstances. This further highlights the significance of a Lasting Power of Attorney in making their wishes known."
A Ministry of Justice spokesman denied it "seized" money from vulnerable people.
"The Court of Protection is run in accordance with the terms of the Mental Capacity Act to protect and empower people who lack the capacity to make decisions about health, welfare or finances for themselves and protect the vulnerable from abuse," he said.
Family members are able to make all necessary representations to the court, who will then make the necessary orders that is in the best interest of the person who lacks capacity.
"All complaints are taken seriously."
Shadow justice minister Henry Bellingham said the court appeared to assume the worst in people.
"We are looking at this to see if it would be more efficient and fairer for the system to assume that most people are honourable and decent and then to deal with those few people who abuse their loved ones' trust," he said."
Source: Richard Alleyne, The Daily Telegraph 25/10/2009
